Need help urgently!! Please help!

[xnas]

Last year I bought a sp from a guy for $2150. We did write a black and white with our ICs photocopied, because he needed cash urgently so I paid him 1k first and installment the rest. But we wrote sign the black an white copy before he transfer the bike to me. The paper was stated that he will transfer me the bike by October but however he transfer me on december. And when I got the bike, it's not in working condition, because it's been sleeping for a few months before he sold it to me. He didn't allow me to test his bike before I bought it as he said I have no license. I know I'm really stupid, but I spend another 1k plus to overhaul the engine and repair it. I'm so angry that now I still owe him $250, but I really dont feel like paying him as I felt that I've been conned to buy a spoiled bike. I need somebody to help me buy answering me a few question.

 

A: if the date on the black and white copy that he will transfer me the bike is not tally, is the black and white copy still valid? (the paper stated he will transfer me the bike at October but he transfer me the bike on decembe after recieving my 1k deposit.)

 

B: by selling me a spoil bike, can I make any claims?

 

C: if he threatens me, can I report to police?

 

D: and can i don't pay him the balance of $250, as he had sold me a spoil sp at a higher price and I still have to fork out another 1k plus to repair it?

 

 

Thank you so much for helping, cuz i really don't know what to do now.

[unsuitable90]

words had been written, signed on paper. i guess it might be lil too late dude.

[FZ1s Hulk]

One suggestion for you, if the bike already transferred to your name. Just ignore him and dun pay. Tell him to call the police if he wants. Police will tell him that this is a civil case, no actions will be taken. To recover just $250, he will need to take alot of steps to recover. If I were him, i will just ll, siao siao unless i know your address. Let him threaten u, lagi better. Make a police report.

 

Have to use such unorthodox method against unhonourable ppl.

[arthur_chan]

One suggestion for you, if the bike already transferred to your name. Just ignore him and dun pay. Tell him to call the police if he wants. Police will tell him that this is a civil case, no actions will be taken. To recover just $250, he will need to take alot of steps to recover. If I were him, i will just ll, siao siao unless i know your address. Let him threaten u, lagi better. Make a police report.

 

Have to use such unorthodox method against unhonourable ppl.

 

small claim court, i think u only need $10-50 to fight the case. in this case where seller has b&w, buyer sure lose.

 

edit: since there's 3mth of wear n tear by TS, i wont say the seller is unhonourable or using unorthodox method, cos it might be the inexperience of TS that cause the need of overhaul. also we r not sure what parts r spoilt that need overhaul.

disclaimer, i'm not defending anyone or attacking TS, just that i'm looking at the other side n saying what could/might be.

to share my exp, i got my bike 2nd hand from pte seller also. after a mth of riding, need to change clutch plate, cost me over $300. was angry cos i felt that the seller sold me a faulty bike. however down the year, i slowly found out that it could be me who's inexperience at that time n spoilt the clutch plate myself.

Edited April 8, 2011 by arthur_chan

[xnas]

Thank you so much guys for your replies. Fz1s hulk,ya, he have my address. I don't know if he will be coming up. Btw, the dates on the black and white not tally, the paper will become a waste paper right?

[arthur_chan]

A: if the date on the black and white copy that he will transfer me the bike is not tally, is the black and white copy still valid? (the paper stated he will transfer me the bike at October but he transfer me the bike on decembe after recieving my 1k deposit.)

 

B: by selling me a spoil bike, can I make any claims?

since u rode the bike from dec to now, that's about 3mth, seller can say it's wear n tear, if there's a problem u should voice out in the next few days after u got the bike. now i would say it's ur problem.

 

as for the late transfer, u should complain within the month, any disagreement should voice out b4 transfer, since u transfered n rode for 3mth, it's too late for anything.

 

C: if he threatens me, can I report to police?

yes, but why he want to threaten u?

 

D: and can i don't pay him the balance of $250, as he had sold me a spoil sp at a higher price and I still have to fork out another 1k plus to repair it?

like i said, seller can go small claim court since there's b&w. any problems should voice out early, not now.

 

 

the only solution now is to neg with the seller if he can make some compensation, just talk to him nicely n pursuade him to give way. or u can find if there's any loophole in ur b&w which can be use to ur advantage. like i said, time is not on ur side, so u have to find other factors to argue. without seeing what's written, very hard to advise further also. good luck.

[GuiNNeSS]

You can both argue about the validity of the dates on the paper till the cows comes home.

 

And some quirks about black and white, if there is no mention on the black and white regards to the delay in the transfer nor the mention about the bike condition stated down which does not tally with the transfer, the bike or the result. Its still valid.

 

Which means, the seller has a right to demand that you pay up the remaining $250/-

 

No, you are not stupid, but you are inexperienced with the ways of the REAL world.

 

Talk to the guy nicely. Tells him that you spend monies to bring the bike back on the road, and demand that he give you the $250/- discount.

 

Or simply ignore him, and have this hang over your head forever.

[GuiNNeSS]

Its just a matter of caveat emptor.

 

Like you say, he delayed, and was short of cash. Explain to him, that you are now short of cash. Both side should be able to come to a compromise.

[mechwira]

 

A: if the date on the black and white copy that he will transfer me the bike is not tally, is the black and white copy still valid? (the paper stated he will transfer me the bike at October but he transfer me the bike on decembe after recieving my 1k deposit.)

 

no case. its like buying a tv from harvey norman or best denki; if they state the delivery date as tuesday, and for some delay they end up delivering on wednesday or thursday, this does not render the sale invalid. you cant demand a full refund on late delivery.

 

all that matters is as buyer did you receive stated product, and as seller did he receive agreed payment. the condition of the product is in question yes, but not date of delivery. unless contract specifies late delivery penalty.

 

B: by selling me a spoil bike, can I make any claims?

 

yes, but via claims court, not criminal court. whether the outcome will then be favorable to you, i realli donno.

 

C: if he threatens me, can I report to police?

 

yes, but not on grounds of sale dispute, but on grounds of either harassment or threat of bodily harm. if he's not harassing you, or the threat has no bodily harm, i dun see wat the police can do.

 

D: and can i don't pay him the balance of $250, as he had sold me a spoil sp at a higher price and I still have to fork out another 1k plus to repair it?

 

you can either both agree to a settlement, or bring it up to claims court if still dispute. if you dun pay, he can bring the matter to claims court. again, no idea wat the outcome might be.

 

He didn't allow me to test his bike before I bought it as he said I have no license

 

actually, he's right. without a license, you cant ride it even in carpark. heck even if you had license you cant test ride the bike coz you're not insured for the bike. you could, however, have demanded that he start the bike, and you check its operation without actually riding it. and if he still refused, its your choice to walk away. you didn.

 

 

this all sounds very negative for you because at this point in time, the seller is not obliged to provide a warranty for the bike he sold you. the current state is that it is your responsibility as buyer to be satisfied with product before purchase, and if you find out you bought a lemon after transaction complete, you're screwed, no protection. they're trying to change this, but no changes have been made yet, and no idea if changes will include private transactions such as yours.